Legal Question in Family Law in California

medical conditions affect custody issues

How does and or can present medical conditions affect custody issues? I�ve just learned my wife has filed for divorce and has an attorney. She informed the attorney that I was diagnose bi-polar a few months back and that while on the medication they gave me I would on occasion fall asleep while caring for our 2 young children. Though this is a true statement I do not feel I endangered my kids at ant time, yet her counsel has informed her that if she leaves the kids with me alone that �they� her counsel would file child endangerment charges against her �my wife. Can they do that? Also, I�ve recently returned to work and the medication they had me on has been drastically reduced and I was wondering what to expect


Asked on 7/29/04, 4:05 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: medical conditions affect custody issues

Statements by the wife are suspect. Merely falling asleep when watching the children does not automatically indicate child endangerment. Every parent sleeps at night and may even take a nap during the day. The answer to your question would depend upon the circumstances in your case. Such when you doze off, how deep is the sleep, the age of the child, and where you fell asleep. A note from your doctor that your medicaion has been reduced, which would reduce the chance that you would fall asleep would help. Also a statemetn from your employer that during the work shift you are awake and alert would also help.

You need to discuss the facts of your case with an attorney quickly. It is unlikely that you will be denied visitation.

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Answered on 8/01/04, 1:17 pm


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